State ex rel. Schreiner v. Erie Cty. Bd. of Elections
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In this case before the Supreme Court of Ohio, Dennis Schreiner petitioned for a writ of prohibition against the Erie County Board of Elections and its members. Schreiner sought to remove Steven Kraus, a candidate for the Ohio House of Representatives, from the March 2024 primary election ballot. Schreiner's argument was based on Kraus' previous conviction of a disqualifying offense and his subsequent claim that the office of state representative involves substantial management or control over the property of a state agency, political subdivision, or private entity, as defined by R.C. 2961.02(B).
However, the court found that a state representative does not have direct management or control over the property of any state agency, political subdivision, or private entity. Schreiner failed to provide clear and convincing evidence that the office of state representative involves substantial management or control over such property. The court, therefore, ruled that the board of elections did not abuse its discretion or act in clear disregard of applicable law in keeping Kraus on the primary-election ballot. Consequently, the court denied Schreiner's petition for a writ of prohibition.
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